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Article 2: Administration
Section 2.2. Review Authorities
2.2.3. Planning and Zoning Board
Morrisville, NC
June 23, 2017
Unified Development Ordinance
Page 2-7
Voting
The concurring vote of four members of the Board of Adjustment shall be necessary to approve a
Variance. The affirmative vote of three members shall be required for all other decisions, other
than to adjourn a meeting for lack of a quorum.
H.
Conflict of Interest
A Board of Adjustment member shall not participate in the review of, or vote on, an application for
a Variance or Administrative Appeal if the action proposed by the application creates a conflict
of interest. Such a conflict of interest exists if the member:
a.
Has a fixed opinion prior to a hearing on the application that is not susceptible to change;
b.
Fails to disclose
ex parte
communications;
c.
Has a financial interest in the outcome of the review;
d.
Has a close familial, business, or other associational relationship with an affected person; or
e.
Otherwise has a relationship or acts in a manner that would violate affected persons’
constitutional rights to an impartial decision maker.
If an objection is raised to a board member’s participation in a matter based on a conflict of
interest, and the member does not recuse himself or herself, the remaining members of the board
present shall by majority vote determine whether the member is or is not disqualified from
participating in the review.
I.
Rules of Procedure
The Board of Adjustment shall adopt rules of procedure governing its procedures and operations. Copies
shall be made available for public inspection in the Planning Department.
2.2.3.
Planning and Zoning Board
A.
Establishment
The Planning and Zoning Board is hereby established in accordance with state law.
B.
Powers and Duties
Review of Development Applications
The Planning and Zoning Board shall have the review and recommendation authority and
responsibilities shown in Tabl
e 2.3, Summary Table of Development Review Procedures.Other Powers and Duties
a.
Prepare Comprehensive Plan
The Planning and Zoning Board shall formulate and maintain a Comprehensive Plan.
b.
Studies
The Planning and Zoning Board shall make careful studies of present conditions and the
probable future development of the town and its environs, including, but not limited to, land
use surveys, population studies; economic base studies; school, park, and recreation studies;
and traffic and parking studies.
c.
Other Powers and Duties
The Planning and Zoning Board shall have any other powers and duties delegated to it by the
Town Council, consistent with state law.